Carver v. Howard

Gerald CARVER v. Francis A. HOWARD, Warden.

Supreme Court of Rhode Island

Decided October 16, 1973.

Supreme Court of Rhode Island · decided 1973-10-16

Cited by 3 later decisions — most recently May 1978

3 state decisions

Key passage — most relied on by later courts

“... in consonance with Tate v. Short, 401 U.S. 395 , 91 S. Ct. 668 , 28 L. Ed. 2d 130 (1971) shall canvas the alternatives to which it may resort in order to avoid imprisoning the petitioner, notwithstanding his indigency, because of inability to pay the fine levied against him.”

quoted by 1 later decision, including Town of Westerly v. Parker

Relies on Tate v. Short

Good law ✅— No negative treatment on recordhow we know

Decided 1973-10-16

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¶1Richard A. Boren, Supervising Atty., Inmate Legal Assistance, Providence, for petitioner.

¶2Richard J. Israel, Atty. Gen., Donald P. Ryan, Asst. Atty. Gen., for respondent.

¶3

ORDER

¶4The petition for a writ of habeas corpus is granted and the case is remanded to the Superior Court which shall in turn remand to the District Court of the First Division. That court, in consonance with Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed. 2d 130 (1971), shall canvass the alternatives to which it may resort in order to avoid imprisoning the petitioner, notwithstanding his indigency, because of his inability to pay the fine levied against him. Pending that disposition the petitioner may continue at liberty under the bail fixed by the Superior Court on March 3, 1973.